Dream of female-dominated profession could be true if current trends continue.

By Claire O'Neill

It's the year 2050, 85% of solicitors in private practice in Scotland are female, creches are commonplace and flexible working time provides the perfect work/life balance for the school run.

Wake up, Claire; this must be a dream!

In 2006, 65% of all law course entrants were female. I entered the LL.B course in 1990 when it was 49% female. It was 20% female in 1970. If this trend continues, perhaps my dream will become a reality.

It's well reported that over the last thirty years there has been a so-called "feminisation" of the law in Scotland. Some attribute this to the perceived need of the general public to have a woman to talk to about matters relating to legal issues while some believe a woman offers greater empathy to clients. Others consider it merely comes down to girls doing better than boys at school. But the fact remains that the profile of the average law student has changed; the majority are female.

The Law Society of Scotland and Equal Opportunities Commission produced a Report in November 2005, "Women in the Legal Profession", which analysed the progression of women in the legal profession, gender pay gaps, work/life balances and whether there was a masculine ethos in the profession. Some 2300 solicitors responded, of whom 40.4% were male and 59.6% were female. The survey shows a strong gender imbalance in respect of who is the primary care-giver, who takes time off work when a dependent is ill and who takes responsibility for household duties; surprise, surprise: it's women. If the increase in female solicitors in Scotland is to continue, resulting in heavy reliance on us ladies in the legal workforce, then surely law firms must improve their family-friendly policies?

The reality appears to me that firms in private practice do not recognise this trend and do not cater for their female staff. This may be a generalisation as I am aware that larger firms are slightly more forward-thinking in this area. I would suspect that the majority of firms see family-friendly policies as being synonymous with less efficient production and profit but I would suggest that this is a very narrow view to take. Who better to work than the well-rounded employee dedicated to her career and her family...and providing the perceived personal touch to the client?

Unfortunately, the reality is that women take longer to become partners in firms. Maternity leave plays a major role in this, with 70.1% of female equity partners and 65.3% of female salaried partners not having taken a career break. So, not only do women prevail in care-giving, time off work for ill dependants and household duties...but punishment is meted out to them for having the audacity to reproduce!

It's about time that this trend was recognised and catered for. Aside from the actual fact of the increase in female graduates, there is an ongoing real perception that women play a significant role in particular areas within the law. For example, Family Law is seen as having a female dimension, Construction and Corporate Law is perceived as being the domain of the male whereas Litigation, Employment and Conveyancing are female-oriented. So not only should firms be seeking to entice female graduates, but further forward-thinking steps should be taken to include them in the Construction and Corporate areas.

In an article in The Scotsman in 2006, Liz Campbell, Head of Education and Training at the Law Society, opined that by 2010 the average Scottish lawyer will be under thirty years of age, female and from a state school. So far, I fit two of those criteria, heading at great speed towards my fifth decade. If that is the prediction only three years from now, perhaps my dream for 2050 will become a reality.

By that time, of course, I will be reflecting in my retirement on the comments I made in 2007 as I embarked on my second period of maternity leave!

Claire O'Neill is an Associate with Mitchells Roberton, Glasgow's oldest firm of solicitors.